Lecture 18 Week 21 - A Taste of Tort Law .pptx - LZ019 Law...

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LZ019: Law for University study A Taste of Tort Law Emek Delibas– [email protected]
What is the Law of Tort? A ‘tort’ is a civil ‘wrong’ done by another for which the law provides a remedy. It is concerned with behaviour which is legally classified as a ‘wrong’ or ‘tortious’. Law of Tort = the name given to a diverse collection of these wrongs. Which ones? Intentional torts (against the person) Unintentional tort (negligence) Damage to goods or land/invasion of land/control of pollution/prevention of unfair trade Protection of privacy/reputation/misuse of private information
Comparing tort to crime and contract Tort & Crime : Tort & Contract : Like tort, the victim of the contract breach can sue the wrongdoer. In contract the ‘obligations’ between the parties are voluntarily assumed, whereas in tort, they are imposed by the state.
Which interests are protected? Personal harm/mental harm Bodily freedom & autonomy Harm to property & land Harm to financial interests Harm to reputation Privacy Defamation
The ‘biggest tort’? The tort of negligence You study the Tort of Negligence in the 2 nd year of the undergraduate degree, A compensation culture? social/collective v individual responsibility – Deterrence?
All of the torts’ (sort of!) Trespass to the Person Torts (Assault, Battery, False imprisonment, Consent and Defences) Intentional infliction of indirect harm Statutory protection from harassment Privacy Tort of Negligence (Duty of care, breach of duty, omissions, acts of third parties, harm and loss, causation and remoteness; and defences) Occupiers’ liability Vicarious Liability Product Liability Employers’ Liability Breach of Statutory Duty Defamation, Libel, Slander, Malicious Falsehood Land Torts (Trespass to land and nuisance, actions under the rule in Rylands v Fletcher) Damages
Negligence
In this section Privity of contract Negligence Product liability
Privity of Contract Those outside of a Contract have no rights under the Contract However…. Contracts (Rights of Third Parties) Act 1999 Section 1(1) – a person who is not a party to a contract (a third party) may in his/her own right enforce a term of the contract if – The contract expressly provides that he/she may, or Subject to subsection (2), the term purports to confer a benefit on him/her. (2) Subsection (1)(b) does not apply if on a proper construction of the contract it appears that the parties did not intend the term to be enforceable by the third party.
What about those who cannot enforce a contractual obligation?
Negligence Duty of Care Breach Causation Damage
Donoghue v Stevenson (1932)
Breach of Duty

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